City of San Jose v. San Jose Police Officers Association et al

Filing 81

ORDER TO FILE STATUS UPDATE. Signed by Judge Lucy H. Koh on 10/1/2012. (lhklc2, COURT STAFF) (Filed on 10/1/2012)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California 8 SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 CITY OF SAN JOSE, ) ) Plaintiff, ) ) v. ) ) SAN JOSE POLICE OFFICERS’ ) ASSOCIATION; SAN JOSE FIREFIGHTERS, ) I.A.F.F LOCAL 230; MUNICIPAL ) EMPLOYEES’ FEDERATION, AFSCME, ) LOCAL 101; CITY ASSOCIATION OF ) MANAGEMENT PERSONNEL, IFPTE, ) LOCAL 21; INTERNATIONAL UNION OF ) OPERATING ENGINEERS, LOCAL NO. 3; ) and DOES 1-10, ) ) Defendants. ) ) Case No.: 12-CV-02904-LHK ORDER TO FILE STATUS UPDATE 21 Plaintiff City of San Jose has voluntarily dismissed Defendant San Jose Police Officers’ 22 Association and Defendant Municipal Employees’ Federation, AFSCME, Local No. 101. ECF 23 No. 80. Three Defendants remain: (1) San Jose Firefighters I.A.F.F. Local 230 (“Firefighters 24 Local”); (2) City Association of Management Personnel, IFPTE, Local 21; and (3) the International 25 Union of Operating Engineers, Local No. 3. 26 Firefighters Local has moved to dismiss the Complaint. On October 1, 2012, the City of San Jose 27 notified the Court of its intention to file a motion for leave to dismiss the complaint. Of the remaining Defendants, only Defendant 28 1 Case No.: 12-CV-02904-LHK ORDER TO FILE STATUS UPDATE 1 Each of the four remaining parties is hereby ORDERED to file, by 10 a.m. on October 2, 2 2012, a status report addressing the following: (1) each party’s position as to whether the hearing 3 on Defendant Firefighters Local’s Motion to Dismiss should proceed as scheduled on October 4, 4 2012; (2) each party’s position on the City of San Jose’s motion for leave to dismiss its Complaint, 5 and (3) the possibility of reaching a stipulation of dismissal. 6 IT IS SO ORDERED. 7 Dated: October 1, 2012 8 _________________________________ LUCY H. KOH United States District Judge 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No.: 12-CV-02904-LHK ORDER TO FILE STATUS UPDATE

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